Virender Singh, C.J. - (1.) One of the main issues raised in the writ petition is, "whether appointment of the Chairman, Permanent Lok Adalat under Sec. 22B of the Legal Services Authorities Act, 1987 must always be made for a term of five years in terms of Permanent Lok Adalat (Other Terms and Conditions of Appointment of Chairman and Other Persons) Rules, 2003 -
(2.) Challenging the Notification No. 08 of 2015 dated 18.09.2015 to the extent the term of the Chairman, Permanent Lok Adalat, the post on which the petitioner was appointed for an initial period of two years, was extended only for a further period of one year as illegal, arbitrary and dehors the provisions of 1987 Act and 2003 Rules, the present writ petition has been filed.
(3.) The facts of the case pleaded by the petitioner are summarised thus; "The petitioner who served as a judicial officer for more than 26 years with utmost integrity and sincerity, retired as Additional District and Sessions Judge. In response to a notice for appointment on the post of Chairman, Permanent Lok Adalat, the suitability of the petitioner was assessed by the respondent -Jharkhand State Legal Services Authority and finally, vide Notification No. 05 of 2013 dated 29.08.2013, along with 14 other persons the petitioner was appointed as the Chairman, Permanent Lok Adalat. The petitioner assumed the charge of Chairman of Permanent Lok Adalat, Garhwa on 11.09.2013. The Member Secretary, JHALSA issued letter dated 22.07.2015 to the District Judge -cum -Chairman, District Legal Services Authority of all the districts in which appointment of Chairman, Permanent Lok Adalat was made vide Notification dated 29.08.2013, to forward the number of cases instituted and the number of cases disposed of during the tenure of the respective Chairman, Permanent Lok Adalat with a brief report on their working and their willingness to continue on the said post for rest of 3 years. The petitioner vide letter dated 27.07.2015 gave his willingness for continuing as Chairman, Permanent Lok Adalat for the remaining three years' period. However, vide Notification No. 08 of 2015 dated 18.09.2015 the tenure of appointment of the petitioner along with one Roshan Lall Sharma was extended for a further period of one year whereas, by a separate Notification dated 18.09.2015 the tenure of appointment of 10 other Chairman, Permanent Lok Adalats was extended for rest of three years. The petitioner contends that Notification No. 08 of 2015 dated 18.09.2015 is discriminatory and it is stigmatic in as much as, it gives an impression as if, the petitioner's performance is not upto the mark.";